Terms & Conditions
Welcome to Blissful Fertility, a egg donation and surrogacy agency offering fertility support for egg donors, sperm donors, embryo donors, Intended Parents, (each the "Company" or "Blissful Fertility").
1. Your Use of the Web Portal, Services, and Products
By enrolling, accessing, and/or using the products and/or services (“Services”) offered by Blissful Fertility, LLC. (“Blissful Fertility,” “we,” “you,” “our,” or “us”) and this web product and database (the “Portal”). The Portal is also referred to herein as the “Platform” and “Database” you represent that you are over eighteen (18) years of age, and acknowledge that you have read, understood, and agreed to the terms herein (“Agreement”), and will follow all applicable laws and regulations. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become an egg donor, surrogate, Intended Parent, or client of Blissful Fertility, you represent and warrant that you will not misuse any information obtained through the use of this service or share any information gained through the use of this service in any public manner. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
2. Privacy and Information Sharing
Upon expiration of your password or cancellation of your contract with our company, your account will be deactivated, and you will no longer be able to log into our Portal and/or have access to the donor database or any of our services but will be able to view our online website.
4. Disclaimer of Warranties
A. Some jurisdictions either do not allow or place restrictions on certain types of agreements upon the exclusion or limitation of warranties, conditions, liability for loss or damage. Only the limitations and exclusions which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
B. Our Portal and Donor Database, including all content, information, products and services made available on or accessed through our database (collectively, “Portal Services”), is provided to you “AS IS” and by using these services you understand and agree that we cannot guarantee the accuracy of the claims of an egg donor or surrogate. To the extent permissible under applicable law, Blissful Fertility and its officers, directors, employees, and agents, subsidiaries, affiliates, contractors, third-party data sources and suppliers (“Representatives”) disclaim all express and implied warranties, including those of title, merchantability, and fitness for a particular purpose, non-infringement, and informational content.
C. you agree that you will access and use our website and donor database solely at your own risk.
A. You agree to indemnify, defend, and hold harmless Blissful Fertility and its representatives (collectively, the “Indemnified Party”) from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of, in connection with, or resulting from (i) your use of the database, the agency services, any of the services our company offers; (ii) from any violation of the terms of this Agreement by you or caused by you; or (iii) your violation of applicable laws, rules or regulations.
B. If the Indemnified Party is subject to any claim for which the Indemnified Party may be indemnified by you, the Indemnified Party may, at your expense, assume the exclusive defense and control of any such claim, and you will not settle any claim without the Indemnified Party’s prior written consent.
6. Limitation of Liability
A. except as otherwise specified, you expressly understand and agree that Blissful Fertility and its Representatives shall not be liable to you for any incidental, special, consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to any loss of profit (directly or indirectly), any loss of goodwill, any losses related to a canceled cycle, losses related to an egg donation or surrogacy cycle, losses related to the actions of another party, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
B. The limitations of our liability to you shall apply whether or not we have been advised or should have been aware of the possibility of any such losses arising.
C. You agree that, to the extent permitted by law, Blissful’s total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from Blissful’s or its agents’ or its representatives’ acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed $5,000 (five thousand dollars) in the aggregate.
D. You are solely responsible to comply with any legal contract you have previously signed or will sign with any donor, surrogate, agency representative, clinical staff, or Intended Parent. You are solely responsible for information and accuracy of that information that you provide to other parties working with our agency through an application or profile. You understand that you have the right to request a criminal background search be completed prior to reserving or working with any surrogate, donor, or Intended Parent but if this is performed you hereby agree to keep these findings confidential.The company makes no representations or warranties as to the honesty or accuracy of any information provided by an egg donor, surrogate, or Intended Parent. The company reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.
The Company is not responsible for the conduct of any egg donor, surrogate, or Intended Parent. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the website, donor database, or from any of our services or from the actions or conduct of parties outside of Blissful Fertility including, without limitation, death, bodily injury, emotional distress, breach of contract, and/or any other damages resulting from communications with other parties or information learned through the Service. You understand that the Company makes no guarantees, either express or implied, regarding the accuracy of information provided, the match verification, or the donor’s willingness to participate for any specific length of time.
7. “Written Instructions” and Provision of Personal Information
B. Provision of Personal Information. While enrolling for the Services, we may ask you for the following types of information: name, address, phone number, e-mail address, and date of birth. If you are a donor or surrogate, we will also ask detailed questions about your education, personal and family health history, ancestry, criminal history, reproductive history, etc. This information may be required in order to verify your identity and fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services (such as communication with fertility doctors, clinical staff, geneticists, fertility physicians, etc.). By registering with Blissful Fertility, you consent to and authorize us to provide your personal information and information submitted in our questionnaires to the related professional providers.
C. The content you provide. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "submit") on the Service or transmit to other industry professionals, whether publicly posted or privately transmitted (collectively, "Content") and you acknowledge that Blissful Fertility may use this information in preparing your profile which may be shared with an Intended Parent, egg donor, or surrogate that is considering working with you or may send any information collected to the doctor, geneticist, psychologist, or lawyer associated with your case. You may not submit any offensive, inaccurate, abusive, obscene, profane, sexually-oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration and afterward is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. You understand and agree that the Blissful Fertility Company may, but is not obligated to, monitor or review any Content you submit on our website or other company websites, donor database, surrogacy application, Intended Parent application, or through any forms or communications with Blissful Fertility or in instances where you publicly discuss the service or any of our members or information learned through the service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company or any of our egg donors, surrogates, Intended Parents, or other members and may hold any Intended Parent or client (prospective or current), egg donor, or surrogate legally responsible for damages. The Company may block access to an account or our services or cancel a cycle if we deem this appropriate in our sole discretion. You also acknowledge that while Blissful Fertility's agency policies strictly restrict any party from seeking out another party without their explicit written permission, there is no way to guarantee that your identifying information may not be discovered by another party either through an image search, social media accounts, online search, through genetic testing like 23 & Me or Ancestry.com, or through other actions. We ask you to contact us with any concerns regarding this directly for prompt resolution.
8. Applicable Law and Jurisdiction; Jury Waiver; Class Action Waiver
A. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of California, regardless of California conflict of laws.
B. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California for any dispute or litigation arising out of, relating to, or the receipt, use, or purchase of Services from Blissful Fertility or its Representatives via this Platform.
C. Arbitration; Jury Waiver.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered in Los Angeles, California by the American Arbitration Association (“AAA”) in accordance with its Arbitration Rules then in effect. There shall be one arbitrator agreed to by you and Blissful Fertility (or its Representatives, as applicable) within twenty (20) days of a written request for arbitration. If the parties cannot agree, an arbitrator will be appointed by the AAA in accordance with its Arbitration Rules. Any award from any such arbitration proceeding may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration hereunder. Nothing herein shall prevent a party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as is necessary to protect such party's proprietary rights.
You and Blissful Fertility agree that, to the fullest extent permitted by law, you and Blissful Fertility knowingly, voluntarily, and intentionally waive the right to a trial by jury in any action or other legal proceeding arising out of or relating to the Agreement, the Database or the Services. The foregoing waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. You also agree not to include any employee of Blissful Fertility as a party in any such action or proceeding.
D. Class Action Waiver. You and Blissful Fertility (or its Representatives, as applicable) knowingly, voluntarily, and intentionally agree that each may bring claims against the other or a Representative only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
9. Your Passwords and Account Security; Online Access
A. Password and Account Security: Failure to comply with the below requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Platform.
You understand that you are responsible for, and agree to:
i. You are solely responsible to Blissful Fertility for all activities that occur under your account and will maintain the confidentiality of the username and password you designate during the registration process; and
ii. notify Blissful Fertility immediately if you become aware of any unauthorized use or disclosure, loss, or theft of your password or of your account.
10. Termination of Relationship
A. Termination by You. If you want to terminate your legal agreement with us, you may do so, for any reason, at any time, by canceling your Service(s) and closing your donor database access and related account(s).
B. Termination by Blissful Fertility.
1. For Cause:
a. We may terminate the Agreement and take legal action against you if you have breached the Agreement or if you commit (or cause to be committed) negligence, fraud, willful misconduct or unlawful conduct arising from, in connection with or related to use of Blissful Fertility’s Services or Platform or if you are found to have taken improper actions to seek out or attempt to contact one of our egg donors, surrogates, or Intended Parents or in the event that you have shared confidential information such as the photos, profile, or about one of our donors, surrogates, or Intended Parents in any public manner.
b. If Blissful Fertility terminates the Agreement with you for cause, you will forfeit the remainder of your Services.
2. For Convenience: We may terminate the Agreement for convenience, for any reason permitted by law. In such case, Blissful Fertility will provide written notice of such termination, upon thirty (30) days’ prior written notice, where practicable.
C. Effect of Termination. Provisions of the Agreement which by their nature are intended to survive termination of the Agreement shall survive termination of the Agreement.
A. No waiver of any breach of any provision of this Agreement or of any agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of this Agreement or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of this Agreement or any other agreement between you and us.
B. We are not responsible for delay or failure to perform due to causes beyond our reasonable control or due to the actions of another party.
D. Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we reasonably believe is your address. If you wish to update your registration information, please log in to your account and update your information.
E. When you provide us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of Blissful Fertility. We are not obligated to you for any reason if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
F. We are not a licensed medical, legal, insurance, or psychological provider or similarly regulated organization under other applicable laws, and will not provide medical, legal, or insurance advice.
12. Proprietary Rights.
The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. By using this service, you agree to not attempt to replicate this service or offer a similar product.